The sudden passing of Ghana Freedom Party (GFP) presidential candidate, Akua Donkor, has sent shockwaves through Ghana’s political landscape, raising questions about the implications for the upcoming elections.
As the Electoral Commission of Ghana (EC) prepares for the presidential polls, many are wondering: what happens when a presidential candidate dies before an election in Ghana?
If a presidential candidate dies before the election in Ghana, the timing of the death determines the course of action.
In case of candidate death before nominations close
According to the Public Elections Regulations, if a candidate dies before the close of nominations, the returning officer must be formally informed. This notification is crucial, as without it, the deceased candidate would still be considered nominated.
Upon receiving formal notification and confirmation from the EC, the election process is restarted, and the commission sets new nomination and polling dates.
The new nomination day must fall within 14 to 21 days after the returning officer receives proof of death, and the new election day is scheduled no later than 14 days after the new nomination day.
In case of candidate death after nominations have closed but before elections
If two or more candidates remain nominated after the death of a candidate, the election proceeds as planned according to the Public Elections Regulation.
However, if only one candidate remains alive, they become an “Unopposed Candidate” and are declared the winner without an election.
In cases where the deceased candidate was nominated by a political party, the Electoral Commission grants the party 10 days to nominate a replacement candidate. The election is then postponed for a period not exceeding 21 days from the date the new candidate is nominated.
It’s worth noting that the Public Elections Act contains some ambiguity regarding the legal framework for a death at the presidential candidature level.
While the Act mentions postponing elections in a “constituency” for not less than 21 days, it doesn’t explicitly address presidential elections, which involve multiple constituencies. However, it can be argued that “constituency” in this context refers to all constituencies collectively.
If the deceased candidate was an independent, the Electoral Commission will not allow the nomination of a new candidate, and the election proceeds with the remaining candidates.
In case of candidate death on the eve of elections
If a candidate dies on the eve of the election and proof of death is given to the returning officer before the poll begins, the returning officer suspends the election process and informs the Electoral Commission.
The Electoral Commission then adjourns the poll, and the same procedure is followed as for a candidate who died after nominations closed.
Ghana’s electoral system has provisions to address the unfortunate event of a presidential candidate’s death before an election.
These measures ensure continuity, maintain the integrity of the democratic process, and provide clear guidelines for handling such situations.
Source: 3news.com
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